Applying for B-2 Visa prior to K-1 Filing

[melbell54 0]

Hi, I am new to this whole process and still trying to determine the best plan of attack. We have discussed many options, and what we want to do is this:

My boyfriend will apply for a b-2 tourist visa and come over for 6 months.

I will put file the I-129F form after he has been approved or denied his b2 visa.

He has only been here to visit once, on the VWP for 7 weeks. I'm not sure his odds of getting approved for the b-2 visa, but we want to try. We plan to be honest about why he is coming to visit, but not mention anything about an engagement or applying for the k-1 during the b-2 process.

If he were to apply for the b-2 and get denied, would this create any problems for us down the road? If he doesn't get approved for the b-2 visa, is he still able to come over on the 3 month VWP?

Any advice or experience you can provide is much appreciated!

[Gemmie 142]

You can apply for a tourist visa but be prepared to be denied if he has little ties to England. I've seen many people that were denied because of that, especially if they know of a girlfriend or fiancee in the US.

It won't affect your K1 application; BUT on the VWP form, it does ask if you have ever been denied a visa before. He would have to say "yes" (otherwise he could be done for misrepresentation if caught out) and that will probably lead to extra questioning at the border. I have read people that have been denied and still gotten through POE though, so it can happen.

Good luck.

Edited December 1, 2008 by Gemmie

[*julez* 124]

Gemmie is correct. If the B2 is denied, and its pretty much guaranteed that it will, with the situation you describe, it won't affect getting a K1, but a B2 denial must be disclosed when entering on the VWP.

If your fiance has only been here once, you're probably better off having him come over on the VWP again. *Most* Brits can manage several trips before Immigrations starts grilling them in detail. My fiance visited me 6 times - 3 shortish visits and 3 at nearly the 90 day - the last one he was grilled, but eventually allowed entry. The one thing to remember is that B2 visa or VWP, there is NEVER a guarantee of entry into the US. Good luck!